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Imputed Fault Law
 
Jay Brady Collums v. The State of Texas THIRTEENTH COURT OF APPEALS, CORPUS CHRISTI & EDINBURG, TEXAS

Collums was charged by information with intentionally, knowingly, and recklessly
causing bodily injury to Pleashette Todd, a person with whom he had a dating relationship,
by grabbing Todd with his hands and throwing her into a wall on or about June 5, 2016.
At the guilt-innocence phase of trial, Officer Jonathan Delarosa of the Victoria
Police Department testified that he was ... More...
   $0 (01-06-2018 - TX)

Karl Dean Stahmann v. The State of Texas State of Texas Court of Appeals, 13th District

This case arises from a two-vehicle collision on State Highway 46 outside of New
Braunfels. Norberto Gonzalez testified that he was driving his SUV with his wife and son
as passengers, on July 1, 2012 at around 4:30 p.m., when he saw a van approaching
from the opposite direction. Gonzalez testified that he saw the van “starting to turn toward
us, and I’m thinking maybe he see... More...
   $0 (01-06-2018 - TX)

Elise Hilton v. Catherine Mish Sixth Circuit Court of Appeals for the Sixth Circuit

Elise and Ed Hilton, individually, and as next friends of their
developmentally-disabled daughter, EH (collectively, the “Hiltons”), appeal the district court’s
dismissal of their complaint. They argue that the district court erred in three respects. They
allege that Catherine Mish, City Attorney for Grand Rapids, was acting under color of state law
when she sent two emails from he... More...
   $0 (01-05-2018 - MI)

J. Brent Arave v. Merrill Lynch, Pierce, Fenner & Smith, Inc.

Plaintiff and appellant, J. Brent Arave, brought several claims under the California
Fair Employment and Housing Act (FEHA) (Gov. Code, § 12900 et seq.) against his
former employers, Merrill Lynch, Pierce, Fenner & Smith, Inc. (Merrill Lynch), Bank of
America (BoA), his supervisor Joseph Holsinger, and a human resources supervisor,
Katherine Anderson (collectively, defendants). He ... More...
   $0 (01-04-2018 - CA)

STATE OF OHIO v. TONY L. SCOTT

This case arises from the September 30, 2013, shooting death of Dominque
Gentry. On that date, Gentry and his friend, David Banks, were in Gentry’s vehicle.
Gentry was driving a black Chevrolet Tahoe and Banks was in the passenger seat. At
approximately 7:28 p.m., they arrived at the All-in-One gas station located in Dayton.
Gentry went into the building, made a purchase,... More...
   $0 (12-31-2017 - OH)

UNITED STATES OF AMERICA v. KAMAL KING-GORE The United States Court of Appeals for the District of Columbia Circuit

On June 10, 2010, King-Gore sold 60.6 grams of cocaine base to a confidential informant in exchange for $2,350. During the transaction, King-Gore offered to sell the informant larger amounts of cocaine and to set up other deals, including for PCP, though the record offers us no detail to quantify “larger.” Twenty months later, he was arrested for the June 10 sale and was found to have, on his pe... More...   $0 (12-31-2017 - )

UNITED STATES OF AMERICA v. RICHARD ELBERT TURLEY United States Court of Appeals for the Tenth Circuit

In 1964 the government entered into a 20-year lease with Turley for property in
Henryetta, Oklahoma (the Property) to be used as a post office. The lease provided
options to renew for six additional five-year terms and included an option to purchase at
the end of each renewal term. Written notice of renewal was due 90 days before the new
... More...
   $0 (12-30-2017 - OK)

STATE OF MONTANA v. LEE COCHRAN AKERS SUPREME COURT OF THE STATE OF MONTANA

Akers travelled from Tennessee to Montana with four friends, Terri Gilley (Gilley),
Myron Tipton (Tipton), Terri McFarland, and Scott Marcha, to attend a music concert.
While in Montana, the group also visited Yellowstone National Park and stayed in a cabin
in Park County. Gilley and Akers had several arguments during the trip and on September
1, 2015, a physical altercation ... More...
   $0 (12-30-2017 - MT)

STATE OF MONTANA v. STEPHEN EDWARD SANTILLAN

A.C. was tragically injured in July 2013 while in Santillan’s care. She is the
daughter of Danielle, Santillan’s girlfriend, and Mitch and was born in August 2010.
Danielle and Mitch shared parenting time pursuant to an informal agreement; Danielle
parented A.C. from Sunday evening until Thursday evening, while Mitch parented A.C.
from Thursday evening until Sunday evening. Be... More...
   $0 (12-30-2017 - MT)

STATE OF MONTANA v. JEFFORY A. LAFIELD

On November 15, 2014, Missoula County Sheriff Deputy Ross Jessop (Deputy
Jessop) was driving southbound on Montana Highway 93. He observed a red 1997
Suzuki automobile swerve over the fog line. Deputy Jessop observed the vehicle
following traffic too closely, nearly collide with another vehicle, and nearly collide with
Deputy Jessop’s marked patrol car. Deputy Jessop initiat... More...
   $0 (12-30-2017 - MT)

Leonal Anthony Garcia-Garcia v. Costco Wholesale Croporation United States Court of Appeals for the First Circuit for the First Circuit

After approximately eleven
years of working his way up the Costco1 employment ladder,
appellant Leonal Anthony Garcia-Garcia2 (Garcia) was fired
following an investigation which revealed an inventory discrepancy
in the Meat Department that he managed. Garcia sued Costco in
federal court invoking diversity jurisdiction and alleging an
array of Puerto-Rico-based claims stemmi... More...
   $0 (12-30-2017 - PR)

In the Interest of E. C. A. and A. A. G., children v. Department of Family and Protective Services

In this accelerated appeal, appellant, J.I.A. (“Mother”), challenges the trial court’s decree terminating her parental rights to her minor children, E.C.A. and A.A.G. In six issues, Mother argues that the evidence was legally and factually insufficient to support (1) the termination of her rights under Texas Family Code section 161.001(b)(1)(D); (2) the termination of her rights under Texas Family... More...   $0 (12-28-2017 - TX)

Gustavo Wahlenberg v. The State of Texas Jury convicts Montgomery County man, 73, of murder in self-defense trial

Wahlenberg was charged by indictment for killing Patrick Kelly by shooting
him with a firearm. Wahlenberg pleaded not guilty to the charge and the case was
tried to a jury, where Wahlenberg asserted self-defense and defense of a third party.
Wahlenberg lived with his disabled long-term girlfriend, Brenda1, in a mobile
home on a large rural tract of property in Montgomery Count... More...
   $0 (12-28-2017 - TX)

T.H., a Minor, etc. v. Novartis Pharmaceuticals Corporation California Supreme Court Building - Sacamento, California

Under California law, a brand-name drug manufacturer has a duty to warn
of known or reasonably knowable adverse effects arising from an individual’s use
of its drug. (See Stevens v. Parke, Davis & Co. (1973) 9 Cal.3d 51, 65.) In this
case, we examine whether — and if so, under what circumstances — a brandname
drug manufacturer may be sued under a theory of “warning label” liability... More...
   $0 (12-25-2017 - CA)

Ketryn Cornell v. Berkeley Tennis Club

Plaintiff Ketryn Cornell is a severely obese woman who was fired from the
Berkeley Tennis Club after having worked there for over 15 years. She brought eight
claims against the Club: three under the California Fair Employment and Housing Act
(FEHA; Gov. Code, § 12900 et seq.), for disability discrimination and failure to
accommodate her disability (the discrimination/failure to acc... More...
   $0 (12-22-2017 - CA)

William Costley v. Landry's, Inc.

William Costley sued Landry’s Inc. for injuries sustained during a visit to perform maintenance on an air conditioning unit. He asserted a premises liability claim. Landry’s filed a traditional and no-evidence motion for summary judgment, which the trial court granted. In two issues on appeal, Costley argues that Chapter
2
95 of the Texas Civil Practice and Remedies Code does not preclude ... More...
   $0 (12-21-2017 - TX)

Patrick Skrabec v. Town of North Attleboro, et al. District of Massachusetts Federal Courthouse - Boston, Massachusetts

This appeal arises from the grant of
the Defendants’ summary judgment motion following the Plaintiffs’
failure to oppose the motion within the timeframe set by the
district court. The Plaintiffs, citing excusable neglect, sought
relief from the judgment pursuant to Federal Rule of Civil
Procedure 60(b)(1), which the court denied. Finding no error, we
affirm the judgment.More...
   $0 (12-18-2017 - MA)

Jeremy Michael Strauser v. The State of Texas Cadena Reeves Justice Center - San Antonio Court of Appeals

The parties dispute which standard of review applies to this appeal. Strauser argues legal
and factual sufficiency standards of review apply, while the State argues the factual-sufficiency
standard is “extinct” and only the Jackson v. Virginia sufficiency standard applies.
In Brooks v. State, 323 S.W.3d 893, 902 (Tex. Crim. App. 2010), the court of criminal
appeals explained t... More...
   $0 (12-18-2017 - TX)

S.V. Gopalratnam v. Hewlett-Packard Seventh Circuit Court of Appeals Courthouse - Chicago, Illinois

Plaintiffs’ son tragically perished in a fire at plaintiffs’ home in June 2010. Believing that the fire was caused by a defective lithium ion battery cell from their son’s laptop, plaintiffs filed a products liability suit against separate manufacturers of the laptop, battery pack, and indi-vidual battery cells. Plaintiffs supported their causation the-ory solely through testimony from two expert ... More...   $0 (12-17-2017 - WI)

Denise Michelle Duncan v. Wal-Mart Stores, Inc.

Respondent Denise Michelle Duncan sued Wal-Mart Stores, Inc.
(Wal-Mart) for personal injuries she sustained at one of Wal-Mart’s stores while acting
within the course and scope of her employment with Acosta, Inc. (Acosta). The trial
court entered judgment finding Wal-Mart liable for Duncan’s injuries. Under Labor
Code sections 3852 and 3856,1
appellant Hartford Accident & Indem... More...
   $0 (12-17-2017 - CA)

In the Interest of L. D. child v. Department of Family and Protective Services

These appeals arise from a decree terminating the parental rights of both a mother and a father to their biological child, L.D. Both parents contend that the evidence was insufficient to support the trial court’s decree. The father additionally asserts that the evidence was insufficient to support the appointment of the
2
Department of Family and Protective Services, rather than the child’... More...
   $0 (12-14-2017 - TX)

John Barna v. Board of School Directors of the Panther Valley School District Middle District of Pennsylvania Federal Courthouse - Scranton, Pennsylvania

Plaintiff John Barna filed a lawsuit under 42 U.S.C. § 1983 alleging that the Panther Valley School Board (“School Board” or “Board”) and several of its officials violated his First Amendment rights by categorically banning him from
attending Board meetings after he was threatening and disruptive on several occasions. The Board and the individual officials moved for summary judgment. The Distr... More...
   $0 (12-13-2017 - PA)

James L. Joyce v. Maersk Line, Ltd. District of New Jersey Federal Courthouses

Today we stop swimming against the tide of opinion on an important question of maritime law. Following the lead of several of our sister circuits, we now hold that a union contract freely entered by a seafarer – a contract that includes rates of maintenance, cure, and unearned wages – will not be reviewed piecemeal by courts unless there is evidence of
3
unfairness in the collective bargai... More...
   $0 (12-13-2017 - NJ)

Connie Sue Cason v. The State of Texas Garland Woman Sentenced To 15 Years In Deaths Of Lucas Couple

The indictment in this case alleged in part that on August 25, 2013, appellant recklessly
caused the deaths of two individuals, Dale and Laura Thomas, by striking a motor vehicle
operated by Dale Thomas and occupied by Laura Thomas. Specifically, the indictment stated
appellant acted by (1) “operating a motor vehicle and by failing to maintain a single lane,” (2)
–2–
“ope... More...
   $0 (12-09-2017 - TX)

Mark French v. Blair Jones Ninth Circuit Court of Appeals Courthouse - San Francisco, California

Montanans select their judges through nonpartisan
popular elections. In an effort to keep those elections
nonpartisan, Montana has restricted judicial-campaign
speech. One of those restrictions is before us—a rule that
prohibits candidates from seeking, accepting, or using
political endorsements in their campaigns. Mark French, a
judicial candidate who wishes to seek and us... More...
   $0 (12-09-2017 - MT)

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